Legal Opinion

Smith v. Keller

Court of Appeals of Wisconsin

Decided June 7, 1989No. 88-1568PublishedCited by 9 opinions

1Opinion of the CourtScott, C.J.

State Farm Fire & Casualty Company (State Farm) appeals from a judgment awarding damages to Grant Smith. State Farm raises issues regarding the coverage afforded under its homeowner's insurance policy issued to Samuel A. Keller. We con- elude that State Farm was entitled to summary judgment because the facts indisputedly showed that Keller expected or intended to hit Smith. As a result, the jury was improperly given special verdict questions on a negligence theory, the answers to which prevented a jury determination on the issue of battery. We therefore reverse and remand for a new trial…

2Cases cited9 opinions

  1. Kremers-Urban Co. v. American Employers Insurance Co.Wisconsin Supreme Court · 1984
  2. DeMars v. LaPourWisconsin Supreme Court · 1985
  3. Pachucki v. Republic Insurance Co.Wisconsin Supreme Court · 1979
  4. Clark v. Allstate Insurance CompanyCourt of Appeals of Arizona · 1975
  5. White Ex Rel. Donovan v. General Casualty Co. of WisconsinCourt of Appeals of Wisconsin · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. D'Huyvetter v. A.O. Smith Harvestore ProductsCourt of Appeals of Wisconsin · 1991
  2. American Family Mutual Insurance Co. v. JohnsonSupreme Court of Colorado · 1991
  3. United States Fire Insurance v. CNA Insurance CompaniesAppellate Court of Illinois · 1991
  4. Peissig v. Wisconsin Gas Co.Wisconsin Supreme Court · 1990
  5. Hills Bros. Coffee, Inc. v. Dairyland Transport, Inc.Court of Appeals of Wisconsin · 1990

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API